Home/Case Law/Raymond Jackson vs. Holz Rubber Company, Liberty Mutual Fire and Marine Insurance, Hedy Holmes Staffing Services, AmTrust North America
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Raymond Jackson vs. Holz Rubber Company, Liberty Mutual Fire and Marine Insurance, Hedy Holmes Staffing Services, AmTrust North America

Filed: Nov 28, 2017
Stockton
ADJ8446012

CompFox AI Summary

Holz Rubber Company petitioned for removal of an order joining it as a defendant, arguing the claim was against another entity and joinder was barred by statute of limitations. The Appeals Board denied the petition, emphasizing removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. Defendant did not demonstrate such harm, only that it would incur defense costs for a claim it deems meritless. All defenses can be raised later in the proceedings, as demurrers and summary judgment motions are not permitted in workers' compensation.

Full Decision Text1 Pages

Holz Rubber Company petitioned for removal of an order joining it as a defendant, arguing the claim was against another entity and joinder was barred by statute of limitations. The Appeals Board denied the petition, emphasizing removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. Defendant did not demonstrate such harm, only that it would incur defense costs for a claim it deems meritless. All defenses can be raised later in the proceedings, as demurrers and summary judgment motions are not permitted in workers' compensation.

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Raymond Jackson vs. Holz Rubber Company, Liberty Mutual Fire and Marine Insurance, Hedy Holmes Staffing Services, AmTrust North America (2017) – Stockton | CompFox